SCHEDULES

C1SCHEDULE 15Financial relief in the High Court or a county court etc.: Northern Ireland

Annotations:

Part 8Failure to maintain: financial provision (and interim orders)

Circumstances in which orders under this Part may be made

34

1

Either civil partner in a subsisting civil partnership may apply to the court for an order under this Part on the ground that the other civil partner (“the respondent”)—

a

has failed to provide reasonable maintenance for the applicant, or

b

has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family.

2

The court must not entertain an application under this paragraph unless—

a

the applicant or the respondent is domiciled in Northern Ireland on the date of the application,

b

the applicant has been habitually resident there throughout the period of 1 year ending with that date, or

c

the respondent is resident there on that date.

3

If, on an application under this paragraph, it appears to the court that—

a

the applicant or any child of the family to whom the application relates is in immediate need of financial assistance, but

b

it is not yet possible to determine what order, if any, should be made on the application,

the court may make an interim order.

4

If, on an application under this paragraph, the applicant satisfies the court of a ground mentioned in sub-paragraph (1), the court may make one or more of the orders set out in paragraph 36.